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| 2004051520040701the Ministry of CommerceOrder of the Ministry of Commerce of the People's Republic of ChinaNo.10The Measures for Accreditation of Qualifications of the Enterprises Undertaking Foreign Aid Material Projects (For Trial Implementation), which were adopted upon deliberation at the 4th executive meeting of the Ministry of Commerce of the People's Republic of China on March 12, 2004, are hereby promulgated and shall go into effect as of July 1, 2004.Minister of the Ministry of Commerce Bo XilaiMay 15, 2004epdf/e04508.pdfA5Foreign aid, material project, accreditation of qualificationse04508Measures for Accreditation of Qualifications of the Enterprises Undertaking Foreign Aid Material Projects (For Trial Implementation)The present Measures are hereby formulated in order to regulate the administration on qualifications of the enterprises undertaking the foreign aid material projects (hereinafter referred to the "FAMP").I.General Provisions1.The present Measures shall apply to the accreditation of the qualifications of the enterprises undertaking the FAMP (hereinafter referred to as the "FAMP enterprises").2.The "FAMP" as mentioned in the present Measures refers to the material project (including general material project and single equipment project) which are undertaken with the aid given gratis, gift loan, or low interests loan provided by the Chinese government to foreign countries or under other special items of aid funds.3.Application for qualifications of an FAMP enterprise shall be in accordance with the qualification requirements and procedures as prescribed by the present Measures, and an enterprise may not undertake the FAMP until it is qualified upon the examination and has obtained the qualifications of an FAMP enterprise of the corresponding grade.II.Grade of Qualifications1.According to the present Measures, the qualifications of the FAMP enterprises are classified into Grade A, Grade B and Grade C.2.The Grade A FAMP enterprises may undertake all the FAMP. The Grade B FAMP enterprises may only undertake the FAMP with the total value of no more than RMB 10 million Yuan. And the Grade C FAMP enterprises may only undertake the FAMP with the total value of no more than RMB 3 million Yuan.3.The Grade A, Grade B or Grade C FAMP enterprises shall be degraded or upgraded according to the requirements and procedures as prescribed in the present Measures.III.Qualification Requirements1.The Grade A FAMP enterprises shall be Chinese enterprises as legal person satisfying all of the following qualification requirements:(1)All the contributors shall be Chinese investors;(2)Having been put on records and registered as a business operator of foreign trade under the provisions of the Foreign Trade Law;(3)The registered capital shall be not less than RMB 50 million Yuan;(4)Operating without any loss for last two years prior to application (examination and verification);(5)The total volume of import and export completed in cargo trade shall be no less than 100 million dollars on average in the last two years prior to application (examination and verification); and(6)Having no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities or serious violation of the relevant provisions of the State on the administration of foreign aid within the 2 years prior to application (examination and verification).2.The Grade B FAMP enterprises shall be Chinese enterprises as legal person satisfying all of the following qualification requirements:(1)All the contributors shall be Chinese investors;(2)Having been put on records and registered as a business operator of foreign trade under the provisions of the Foreign Trade Law;(3)The registered capital shall be no less than RMB 10 million Yuan;(4)Operating without any loss for the last two years prior to application (examination and verification);(5)The total volume of import and export completed in cargo trade shall be no less than 50 million dollars on average in last two years prior to application (examination and verification); or having undertaken the FAMP in last two years prior to application (examination and verification) and the accumulative contracted value of projects implemented shall be no less than RMB 20 million Yuan; and(6)Having no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities or serious violation of the relevant provisions of the State on the administration of foreign aid within 2 years prior to application (examination and verification).3.The Grade C FAMP enterprises shall be Chinese enterprises as legal person satisfying all of the following qualification requirements:(1)All the contributors shall be Chinese investors;(2)Having been put on records and registered as a business operator of foreign trade under the provisions of the Foreign Trade Law;(3)Operating without any loss for last two years prior to application (examination and verification);(4)Having undertaken the FAMP in last two years prior to application (examination and verification) and the accumulative contracted value of projects implemented shall be no less than RMB 10 million Yuan; and(5)Having no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities or serious violation of the relevant provisions of the State on the administration of foreign aid within 2 years prior to application (examination and verification).IV.Procedures for Qualification Application and Accreditation1.Enterprises under the Central Government shall apply to the Ministry of Commerce for the qualifications of an FAMP enterprise.Other enterprises shall apply to the competent commerce departments of the provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the "provincial competent commerce departments") of the registration place. And the provincial competent commerce departments shall complete the preliminary examination and verification within 20 working days as of the date of receipt of the application. If the application passes the preliminary examination and verification, they shall submit to the Ministry of Commerce the opinions of the preliminary examination and verification together with the application documents of the enterprise for approval.2.An enterprise shall provide the following application documents when applying for qualifications of an FAMP enterprise:(1)Letter of application;(2)Photocopy of business license of the legal entity;(3)Capital verification report;(4)Documents of identity certificates of contributors (if the contributors are natural persons, their identity certificates and the photocopies thereof shall be provided. If the contributors are non-natural persons, their registration certificates and the photocopies thereof, identity certificates of their legal representatives and the photocopies thereof shall be provided);(5)Documents certifying it has been put on records and registered as a business operator of foreign trade;(6)Financial statements of the enterprise in the last two years which have been audited by an accounting institution or auditing institution;(7)Statement of the enterprise on the fact that it has no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities or serious violation of the relevant provisions of the State on the administration of foreign aid; and(8)Other documents required by the Ministry of Commerce if necessary.3.The Ministry of Commerce shall complete the examination and verification within 20 working days from the date of accepting the application of the under the Central government or receiving the preliminary examination and verification documents from the provincial competent commerce departments, and announce the conclusions within 10 working days after completing the examination and verification.V.Administration on Qualifications1.In case an enterprise qualified for an FAMP enterprise, meet with any of the following changes, it shall file them with the Ministry of Commerce for record within one month from the date of change:(1)Change of the name of the enterprise;(2)Change of the domicile of the enterprise;(3)Change of the legal representative of the enterprise; or(4)Change of contributors.An enterprise that is not under the Central Government shall send a copy of the said documents to the provincial competent commerce department of its registration place at the same time.2.The Ministry of Commerce shall implement dynamic qualification management on the enterprises that have obtained the qualifications of an FAMP enterprise, examine and verify their qualifications once every 2 years since the year of trial implementation of the present Measures, and issue a notice in this regard prior to each examination and verification. Those enterprises that have obtained the qualifications of an FAMP enterprise in the year of qualification examination and verification may not take part in the qualification examination and verification for the same year.3.An enterprise taking part in the qualification examination and verification shall submit the following documents to the Ministry of Commerce before the deadlines as prescribed in the notice of qualification examination and verification:(1)Letter of application for the qualification verification and examination;(2)Photocopy of business license of the legal entity;(3)Capital verification report;(4)Documents of identity certificates of contributors (if the contributors are natural persons, their identity certificates and the photocopies thereof shall be provided. If the contributors are non-natural persons, their registration certificates and the photocopies thereof, identity certificate of their legal representatives and the photocopies thereof shall be provided);(5)Documents certifying it has been put on records and registered as a business operator of foreign trade;(6)Financial statements of the enterprise in the last two years which have been audited by an accounting institution or auditing institution;(7)Statement of the enterprise on the fact that it has no records of being imposed upon criminal punishments or administrative sanctions due to undertaking of illegal business activities or serious violation of the relevant provisions of the State on the administration of foreign aid with 2 years prior to examination and verification; and(8)Other documents required by the Ministry of Commerce if necessary.4.An enterprise applying for being upgraded shall, in addition to submitting the said documents for the purpose of examination and verification, apply officially for being upgraded in the letter of application for qualification examination and verification, and shall be upgraded if it conforms to the qualification requirements for upgrading upon examination and verification.5.If, upon examination and verification, an enterprise fails to satisfy the qualification requirements of FAMP enterprise of an upper grade but meets those of a lower grade, the enterprise shall be automatically downgraded to the corresponding grade. If, upon examination and verification, an enterprise fails to satisfy the qualification requirements for any grade of the FAMP enterprise, shall be automatically disqualified for being an FAMP enterprise.6.If an FAMP enterprise fails to submit the documents for examination and verification before the deadline as prescribed in the notice of qualification examination and verification, it shall be automatically disqualified for being an FAMP enterprise.7.An enterprise that is automatically disqualified for being an FAMP enterprise may not reapply for such qualifications within one year from the deadline for submitting the documents for examination and verification as prescribed in the notice of qualification examination and verification.8.The Ministry of Commerce shall complete the examination and verification within 20 working days after expiration of the deadline for submitting the documents for examination and verification as prescribed in the notice of qualification examination and verification, and announce the conclusions within 10 working days after completing the examination and verification.9.Where an enterprise obtains the qualification of an FAMP enterprise by such improper means as cheating or bribery, the Ministry of Commerce shall have the power to revoke its qualifications.VI.Supplementary Provisions1.The "Chinese investors" as mentioned in the present Measures may not include the foreign-funded enterprises.2.The present Measures shall go into effect as of July 1, 2004.3.The power to interpret the present Measures shall reside in the Ministry of Commerce. |
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